Version No. 086
Port Management Act 1995
No. 82 of 1995
Version incorporating amendments as at
6 August 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
3ATransport Integration Act 2010
3BFilming Approval Act 2014
4Owner of vessel or cargo
4ADeclaration of port of Melbourne operator
5Orders in Council
6Ports
7Subsidiary
8Crown to be bound
9Extra-territorial operation
Part 2—Provisions relating to port corporations
16Port of Melbourne Corporation—transitional powers under leases
17EPort operations
23Accountability for damage
24Liability of certain persons
Part 2A—Local ports
44AAppointment of port managers of local ports
44BGeneral powers of port managers
44BAPort managers may provide services outside local port
44BBPort managers may provide certain services
44CDelegation
44DCharges
44EDredging
44FOther works
44GPort manager may act as harbour master if there is no harbour master
Part 2B—Port licence fee
44HAADefinitions
44HLiability to pay port licence fee
44HATreasurer may require a one-off upfront licence fee for a period of up to 15 years instead of annual fees for that period
44IAmount of port licence fee
44JCalculation of port licence fee
44KNotice of annual licence fee
44LMethod of payment of annual licence fee
44MWhere are port licence fees to be paid?
44NRefund of upfront licence fee
Part 3—Regulation of port services
Division 1—Preliminary
45Definitions
46Construction of Part
47Application of Part
48Objectives of this Part
48ACommission must have regard to objectives of this Part
49Price regulation
Division 2—Port of Melbourne Pricing Order
49APricing Order
49BGeneral powers in relation to a Pricing Order
49CPricing Order must be published in the Government Gazette
49DWhen Pricing Order takes effect
49ELimitation on amending or revoking a Pricing Order
49FCircumstances in which a Pricing Order may be amended
49GCircumstances in which a Pricing Order may be wholly revoked
49HProtected provisions cannot be revoked or amended etc.
Division 2A—Monitoring compliance with Pricing Order
49IConduct of reviews into compliance with Pricing Order
49JDraft report to be provided to provider of prescribed services
49KGiving of show cause notice to non-compliant provider of prescribed services
49LRe-regulation recommendation
49MUndertakings
49NEnforcement of undertakings
Division 2B—Transitional enforcement regime for port of Melbourne operator
49OApplication of Division
49PEnforcement of Pricing Order during Pricing Order transition period
Division 2C—Complaints in relation to provision of prescribed services
49QPerson provided prescribed services may complain to ESC in relation to the provision of such services
Division 2D—Competitive neutrality pricing
Subdivision 1—Preliminary
49RDefinitions
49SMeaning of accrual building block methodology
49TMeaning of State sponsored port
49UApplication
Subdivision 2—Competitive neutrality pricing obligations
49VState sponsored port operator must provide services at not less than competitively neutral prices
49WState sponsored port operator must publish relevant service prices
49XState sponsored port operator must keep records of relevant service prices
Subdivision 3—Investigation and enforcement of competitive neutrality pricing obligations
49YCommission may be requested to inquire into relevant service prices
49ZCommission may conduct inquiry into relevant service prices
49ZACommission may determine minimum competitively neutral price for relevant service
49ZBEnforcement of Commission determinations
Subdivision 4—Competitively neutral pricing principles Order
49ZCCompetitively neutral pricing principles Order
49ZDGeneral powers in relation to competitively neutral pricing principles Order
49ZEWhen a…